PC Minutes-2011-09-1332400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAx
wwwsanjuancapistranaoT
A. CALL TO ORDER
PLANNING COMMISSION
MEETING MINUTES
Tuesday, September 13, 2011
The meeting was called to order by Chairman Cohen at 6:30 p.m,
B. PLEDGE
Chairman Cohen led the. Pledge of Allegiance,
C. ROLL CALL:
Commissioners Present: Sheldon Cohen, Chairman
J
Gene Ratcliffe, Vice -Chair
Ginny Kerr
Roy Nunn
Jeff Parkhurst
Rob Williams
Commissioners Absent: Tim Neely
MEMBERS OF THE CITY COUNCIL
Staff Present: William Ramsey, AICP, Principal Planner
Grant Taylor, Development Services Director
Tram Tran, Deputy City Attorney
Teri Delcamp, Historic Preservation Manager
D. ORAL COMMUNICATIONS
None,
E. CONSENT CALENDAR
None.
SAM ALLEVATO
LAURAFREESE
LARRYKRAMER
DEREK REEVE
JOHN TAYLOR
Chairman Cohen proposed the meeting agenda be amended to hear the Whispering Hills
Estates -Rancho San Juan item before the Forster Mansion item and the Commission
San Juan Capistrano; Preserving the Past to Enhance the Future
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PC Meeting Minutes 2 September 13, 2011
concurred,
F. NEW BUSINESS
1, Consideration of
San Juan, Phase 2; preliminary architectural & site plans, colors & materials, and fence
plans for Phase 2 of the East Canyon area of Whispering Hills Estates -Rancho San
Juan, a portion of a 404 -acre planned community located west of La Pata Avenue and
south of Vista Montana (APN: 664.241.01 t20:251-02-08; 252.01 N2; 253.01 to 36:254-01 to
23; and 255.01 to 42) (Applicant: Woodbridge Homes) (Project Manager; William Ramsey, AICP,
Principal Planner). Bill Ramsey, AICP, Principal Planner made the staff presentation noting
that the proposed project had been through several Design Review Committee (DRC)
worksessions and the applicant had responded to the staff and DRC issues and staff
recommended approval of the project plans as submitted.
Commission discussion
The Commission stated that the applicant had satisfactorily addressed also issues
raised by the Design Review Committee and the project was well-designed. The,
applicant was requested by the Commission not to "value -engineer" the architectural
details so that the finished project would lose the detailing and architectural quality
reflected in the elevations and design plans,
Planning Commission Action
Commissioner Rob Williams made a motion, seconded by Commissioner Ginny Kerr
for staff recommendation and the motion passed by a 6-0 vote.
AYES: Chairman Sheldon Cohen, and Commissioners Ginny Kerr, Roy
Nunn, Jeff Parkhurst, Gene Ratcliffe and Rob Williams.
NOES: None,
ABSTAIN; None.
G, PUBLIC HEARINGS
1, Consideration of Potential Revocation or Modification of Conditional
08-011, Forster Mansion Exclusive Events; the Planning Commission will consider a
range of actions from modification to the existing conditions and/or site plan up to and
including potential revocation of CUP 08.011, a wedding and special events facility on a
Commercial" General Plan land use designation and a "Sector A-1, Commercial"
Zoning designation under Comprehensive Development Plan 78.01, Ortega Planned
lanned
Community (CDP 78.01), as a result of ongoing notices of violation and administrative
citations that have been issued by the City for the operator's violations of the City's
Code, (Operator: Arpi Evans) (Project Manager: Teri Nigro), Teri Delcamp, Historic
PC Meetina Minutes 3 September 13, 2011
Preservation Manager, made the staff presentation and provided an extensive
background on the project and the Code violations, She noted that the CUP
revocation/modification hearing was the result of prior and/or on-going violations of the
following conditions of approval established by the City for the operation of the
conditional use:
a. Condition 2: Compliance with Other Applicable Federal, State, County or City
Regulations or Requirements.
b. Condition 8: Use Shall Conform with San Juan Capistrano Municipal Code
Regarding Noise, Odor, Dust, Waste, Vibration, Traffic Safety or Public
Nuisances,
c, Condition 14: Landscape Screen.
d. Condition 15: Historical Depiction Program,
e, Condition 16: Irrigation Audit.
f. Condition 20: Sanitation,
g, Condition 22: Alcoholic Beverage Control (ABC),
h. Condition No. 24: Hours of Operation,
i. Condition 25: Noise,
j. Condition No, 27: Parking Management,
Ms, Delcamp recommended that the Planning Commission open the public hearing,
accept public oral and written testimony, and close the public hearing. Ms, Delcamp
also recommended that the Planning Commission by motion, adopt a resolution
revoking CUP 08.011, pursuant to specific findings, and declare CUP 08-011 to be null
and void and no longer in force or effect immediately upon the expiration of the 15 -day
appeal period.
Mr. Taylor also noted to the Commission that there have been several attempts by staff
to work with Ms. Evans to comply with all conditions of approval and to correct all
violations. As recently as July of 2011, staff sent Ms, Evans a letter concerning all the
outstanding issues that needed to be resolved,
,
Public Hearing
Arpi Evans, the operator of Forster Mansion Exclusive Events, spoke in opposition to
the revocation of the CUP based on several considerations including the fact that the
project site and surrounding area are regulated by a commercial zoning designation
and have a commercial character. She provided packets of information to the
Commission in support of the use, including ABC documents, a 1995 City Council
resolution regarding commercial zoning of the area, and noise monitoring reports,
The following persons spoke in opposition to the revocation or expressed a neutral
position on potential revocation/modification:
Buck McClain (la Jolla, California),
Peter Evans.
PC Meeting Minutes 4 September 13, 2011
Shannon Harshman, who submitted and read a letter from Best Western
manager Rito Armenta into the record.
The following persons spoke in favor of revocation of the Conditional use permit (CUP);
Helen Day,
Clint Worthington,
Benjamin Benumof, Esq. (Attorney for the Greniers),
Barbara Cole,
Robert Hansen.
Commission Questions
In an effort to better understand the nature of the operational impacts of the Forster
Mansion Exclusive Events on the adjoining residential uses, the Commission requested
Pierre Grenier if he could respond to questions by the Commission, Commissioners
asked Mr. Grenier questions related to his experiences residing next to the Forster
Mansion Exclusive Events and the impact of that use on his property.
Chair Cohen provided Ms. Evans with a short rebuttal opportunity. The Commission
took a five minute recess in order to review the information provided in Ms. Evans
packet,
Maryanne Charis, owner of the Forster Mansion, stated for the record, in response to
Commission discussion and questions, that she did not intend her letter refusing to
allow building permits to prevent Ms, Evans from erecting temporary sound blankets.
Ms, Charis clarified that her objection was to permanent block walls,
Commission Comments
a. The Commission needs to undertake a comprehensive examination of the
recent history of the operation of the Forster Mansion Exclusive Events; consider
the public comments from residents of the Season Senior Apartments; and the
"poor" record of Code violations compiled over the past few years,
b. The Forster Mansion property is a "good fit" for a special event use and could
work if all conditions of approval are met by the operator. However, the
established pattern of ongoing and recurrent violations is the issue.
c. The sheer number of violations and the fact that there have been continuing
violations of the Code and conditions of approval make continuation of the
conditional use problematic and difficult to support,
d. The number and nature of the violations; the noise impacts and ABC license
violations; and the Sheriff's Reports on violations are, taken together, compelling
evidence,
e. Concern regarding the September, 2011, report included in the agenda packet,
which showed that the operator has continued to violate the conditions of
approval,
PC Meeting Minutes 5 September 13, 2011
f, More than one family is being affected as evidenced by the letters and
attendance at the hearing by residents of the Season's Senior Apartments (one
of whom testified that she co -wrote the opposition letter and obtained other
senior's signatures),
g. But for the noise impacts, the other complaints would probably not result in a
code enforcement issue resulting in consideration of possible revocation of the
conditional use permit, The close proximity of the Forster Mansion Exclusive
Events to the Seasons Apartments and the Grenier residence, even though
located in a commercial zone, make noise impacts difficult to manage, This is
complicated by the fee owner's refusal to authorize a building permit for the
installation of noise attenuation,
Planning Commission Action
Commissioner Ginny Kerr made a motion for staff recommendation, seconded by
Commissioner Roy Nunn and the motion passed by a 5.1 vote,
AYES: Chairman Sheldon Cohen, and Commissioners Ginny Kerr, Roy
Nunn, Jeff Parkhurst and Gene Ratcliffe,
NOES: Rob Williams,
ABSTAIN: None.
H. UNFINISHED BUSINESS
None.
I, STAFF & COMMISSION COMMENTS
The Commission requested staff to agendize an item for an upcoming Planning
Commission meeting providing for designating Jeff Parkhurst as a Planning Commissioner
representative to the Design Review Committee and designating Tim Neely as an alternate
member,
J. ADJOURNMENT
There being no further business before the Commission, Chairman Cohen adjourned at
8:25 p,m, to the next regularly scheduled meeting for Tuesday, August 2, 2011, at 6:30
p.m, in the Council Chambers.
Respectfully submitted,
William A, Ramsey, A
Planning Commission